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The Calcutta High Court today upheld the Singur Land Rehabilitation and Development Act, 2011.
According to Mr Justice I.P. Mukerji, the Act and the rules framed under it as well as the actions taken by the State Government are Constitutional and valid. Tata Motors had on June 22 challenged the legality of the Act.
Compensation
He further ruled that compensation be awarded to Tata Motors by applying the principles – Sections 23 and 24 – of the Land Acquisition Act, 1894. Compensation is to be determined by the district judge within six months of application by the auto major. Thereafter, the State has to pay immediately.
After counsel for Tata Motors, Mr Samraditya Pal, sought clarifications on whether distribution of land would be carried out following the present order of the Calcutta High Court, Mr Justice Mukerji observed that any aggrieved party may get a chance to appeal against the judgment.
"There is an unconditional stay on this order till November 2," he said.
This means that distribution of land in Singur will also be kept on hold till November 2.
Removal of Structures
The Calcutta High Court has also appointed the Superintendent of Police (Hooghly) and the District Magistrate (Hooghly) as joint special officers for the safe and smooth transfer of remaining structures. The structures have to be removed within two months including the “period of stay”.
Mr Justice Mukerji while upholding the Act also observed that the Singur Act envisages that land should be acquired for public purposes which means socio-economic development and generation of employment.
He further observed that district officials have exceeded their power in dispossessing Tata Motors from the site.
Tatas reaction
Meanwhile, a Tata spokesperson said: “Tata Motors will study the order.”
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